People v Broughton, Marshall
Motion No: 2004-07296
Slip Opinion No: 2006 NYSlipOp 61292(U)
Decided on January 30, 2006
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M35434

Y/sl

ANITA R. FLORIO, J.P.

DAVID S. RITTER

GABRIEL M. KRAUSMAN

JOSEPH COVELLO, JJ.

2004-07296

The People, etc., respondent,

v Marshall Broughton, appellant.

(Ind. No. 04-07296)

DECISION & ORDER ON MOTION

Motion by the appellant to provide him with copies of the transcripts of the complainant's testimony before the Grand Jury, on an appeal from a judgment of the Supreme Court, Westchester County, rendered August 3, 2004.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is referred to the panel that is assigned to hear the appeal, to be determined after an in camera review of the minutes in question; and it is further,

ORDERED that the District Attorney shall file the Grand Jury minutes in question with the Clerk of this Court, and those minutes shall remain sealed upon delivery.

FLORIO, J.P., RITTER, KRAUSMAN and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court